Researcher ORCID Identifier

0009-0001-5431-1539

Graduation Year

2024

Date of Submission

4-2024

Document Type

Open Access Senior Thesis

Degree Name

Bachelor of Arts

Department

Philosophy, Politics, and Economics (PPE)

Reader 1

Paul Hurley

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Rights Information

© 2024 Halle M. Rudman

Abstract

The establishment of Title VII of the Civil Rights Act of 1964 as federal law was a pivotal moment in the pursuit of workplace equality and eradication of discrimination. Unfortunately, the application of Title VII in sexual harassment cases has fallen short of the statute’s noble intentions. In this paper, I argue that the judicial treatment of Title VII has been disloyal to its original purpose, perpetuating systemic inequalities and hindering progress towards gender equality in the workplace. I first establish a framework for the reasonable construction of a statute, drawing on work from various legal theorists to establish three dimensions of interpretation: purpose, legislative awareness, and updated understanding. As I explore the evolution of Title VII jurisprudence through the lens of my interpretive framework, it becomes evident that Title VII was meant to serve as a robust tool to combat workplace discrimination and promote a culture of inclusivity. However, subsequent analysis reveals a stark misalignment between the objective intent of Title VII and its interpretation in sexual harassment cases. Restrictions placed on vicarious liability impede the statute’s effectiveness, allowing patriarchal power structures within the workplace to endure. Thus, despite progress made in women’s educational attainment and Title VII’s impetus for an increase in women’s workforce participation, discriminatory behaviors persist and continue to undermine the realization of true gender equity. Through an examination of case law and legal precedent, I uncover the phenomenon of sexual exceptionalism in Title VII interpretation, leading to a characterization of Title VII’s misinterpretation as a case of preservation through transformation. By critically engaging with existing legal frameworks and challenging prevailing interpretations, I seek to shed light on the systemic barriers to workplace equality and advocate for a more equitable interpretation of Title VII, helping us to envision pathways towards genuine progress and meaningful change.

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